ORATORS LAW ACADEMY

SCO-144, SECTOR-24D
CHANDIGARH
PHONE- 9465354348, 0172-5002600

Haryana Civil Service (Judicial)

Examination 2013

Civil Law paper – II

Time : Three Hours Maximum Marks : 200

Notes:
(i) Candidates are required to attempt all questions in the same seriatum as they appear.

(ii) Marks are indicated against each question.

(iii) Support your answers with relevant provisions and case law.

(iv) No extra Answer Sheet will be provided.

Q.1.
(a) Respond to the following fact-situations by applying relevant Statutes of Hindu law and citing case
law wherever required.

(i) Kanika married Sanjeet in 2001 and they were living with the latter’s parents. In 2004, Sanjeet
died in a car accident. After his death, Kanika was denied financial support and share in the
ancestral property by her in-laws. Since Kanika’s parents were not economically well off and had
to support their son’s education as well, kanika did not want to burden them with her problems.

What are the rights available to Kanika in Hindu law for her maintenance?

(ii) Aanchal and Basant, both Hindus, got married to each other in 2002. In 2005, Basant got
coverted to Islam and married a Christian lady named Veronica without dissolving his first
marriage.

Draw up a line of argument for Aanchal if she wishes to sue Basant.

(b) Respond to the following fact-situations by applying relevant provisions of the Hindu marriage Act,
1956 and citing case-law wherever required:-

(i) Prakhar and Aradhya have been living together at Gurgaon for 6 years now. In January this year,
they had a violent fight. Aaradhya was hit hard by Prakhar as a result of which, she sustained
injuries. After they broke up, Aaradhya sued Prakhar for maintenance, among other things.
 ORATORS LAW ACADEMY
SCO-144, SECTOR-24D
CHANDIGARH
PHONE- 9465354348, 0172-5002600

Discuss the parameters that need to be satisfied for claiming maintenance in this regard and decide
whether Aaradhya is entitled to maintenance in the light of latest judicial pronouncements in this
domain?

(ii) Krishna and Kajal married each other in 2010. Kajal was 16 years old when she got married and
Krishna was 25. Despite repeated attempts by Krishna to consummate the marriage with his
wife, the couple failed to do so because of kajal’s strong resistance and unwillingness. After
three years of marriage, Krishna sought termination of the marriage. Medical records revealed
that Kajal was a perfectly normal woman biologically and that her resistance to intercourse is
only psychological.

What are the remedies available under the Hindu marriage Act, 1955 if Krishna wants terminate
his marriage with kajal?

(iii) Sanjay Chatterjee and Momita Banerjee got married in 2000. At the time of marriage, Mimita
was not aware of the fact that Sanjay was suffering from Schizophrenia and that his illness was
acute. When she got to know of it within two months of her marriage, she was disappointed.
However, she decided to continue with the marriage hoping for things to get better in future.
Five years later, she approached the court claiming divorce on the ground of Fraud.

Agains this background discuss the concept of Fraud and decide whether Momita is enti-
Marriage Act, 1955 if she wishes to terminate her marriage with Sanjay.

Q.2.
(a) Trace the history from the Shah Bano judgment which led to the enactment of the Muslim Women
(Protection of Rights on Divorce) Act, 1986 and critically analyse the provisions of this legislation.
Discuss the issues in relation to the constitutionality of this Act as raised before the Supreme court
in Danial Latif and another v. Union of India, AIR 2001 SC 3958.

(b) In Abdul Kadir v. Satima, (1886)8 All. 149, Justice Mahamood stated, “Marriage among Muslims is
not a sacrament but purely a civil contract.” On the other hand, another noted scholar of Muslim
Law.

Abdul Rahim states that marriage among Muslims is both on Ibadat (devotion act) as well as
muamalat (dealings among men). In the light of these statements, discuss the exact nature of Nikah,
pointing out its essential features and referring to case-law wherever required.
 ORATORS LAW ACADEMY
SCO-144, SECTOR-24D
CHANDIGARH
PHONE- 9465354348, 0172-5002600

(c) Analyse the concept of Wasiyat in Islam and explain clearly the requirements of a valid Wasiyat and
the means by which a Wasiyat can be revoked. Highlight the exceptions to the one-third rle of
testamentary disposition of property among Muslims. Also, reveal the differences between the Shias
and Sunnis with respect to the Law of Wills.

Q.3.
(a) .
(i) Amartya and Jayaa have a daughter aged 12 years. They want to adopt to a girl child from a faster-
home. Is it permissible under the existing legal provisions? Give reasons for your answer citing
relevant case-law

ii Akhil and Niharika were married for 18 years and got divorces recently. They have an eight years old
child, Anjan. Akhil claims custody of the child stating that Niharika is only a teacher in a primary
school whereas he is a rich businessman and therefore, he can sponsor the best quality of education
for Anjan. Niharika on the other hand, claims that she will do everything possible to raise Anjan in
the best possible manner.

(b) Mahendra nanda was a rich man owing a lot of property. He is the owner of over 100 acres of land
at Karnal, a huge mansion in the heart of Delhi and bank deposits worth several crores of rupees in
India and abroad. He had two sons Sahil Nanda and Kapil Nanda and two daughters, Rekha Ritu.
Several years back, when Sahil and rekha were returning from work, their car crashed and both of
them died on the spot. Sahil had two sons, Keshav and Kamal and a daughter, Vaibhavi. Of them,
Kamal was the eldest one who had died of heart disease few years after his marriage even before
Sahil lost his life in thecar crash. Kamal is now survived by his widow, Aarti and and two children a
son (Anant) and a daughter (Prerna). Keshav and vaibhavi are unmarried. Sahil’s widow is also alive.
On the other hand Rekha is survived by a son (Rishabh) and a daughter. (Ridhi). Kapil Nanda and Ritu
are alive and unmarried. Mahendra Nanda died intestate few months back and is survived by the
people as can be inferred from above in addition to his widow and mother.

Keeping the aforementioned configuration mind, determine the shares of each of the surviving
members in Mahendra Nanda’s property as per the Hindu Succession Act, 1956.

Q.4.
(a) ‘A’ is the agent of ‘P’, who resides in Chandigarh and ‘B’ handles one branch of P’s business in
Mumbai. ‘P’ has a business of collecting antique items and selling them to interested buyers. For the
same, ‘A’ is required to hold periodical auctions of valuable antique items in Mumbai. One such
auction was held on 2.3.08. Around 15 items were sold for a collective price of Rs. 25 lakhs the sold
amount was less than the normal recovery which is to be expected in auction. ‘P enquires regarding
the same form ‘A’ over the telephone but does not receive any satisfactory answer. Due to his hectic
 ORATORS LAW ACADEMY
SCO-144, SECTOR-24D
CHANDIGARH
PHONE- 9465354348, 0172-5002600

schedule, ‘P’ is unable to visit Mumbai for the next two years, he visits Mumbai on 20.03.2010. Upon
reaching there, he makes extensive enquiry about the said transaction and finds out that ‘A’ had
failed to give adequate notice to the public of the auction. The notice was given just 1 day before
the auction and that too in a newspaper with limited circulation. Thus, goods which would have
fetched around Rs. 75 lakh were sold for only Rs. 25 lakh for lack of competitive bidding. On his way
back on 21.03.2010 he meets with an accident. He slips into coma. He comes out of the coma on
10.06.2012. On 20.05.2013 he files a suit against ‘A’ for claiming damages contends that the period
between 21.03.2010 and 10.06.2012 should be excluded in the computation of the limitation
period. Adjudicate upon these contentions.

(b) ‘X’ wanted to institute a suit against ‘Y’ for the breach of contract by ‘Y’ on 12.11.2011 in Yamuna
Nagar. Since the date of the delivery, ‘Y’ is yet to pay for the goods despite repeated reminders. The
lawyer admits that ‘X’ has a good case and advises him to file a case in the Yamuna Nagar. ‘X’ is not
inclined to file the suit in Yamuna Nagar as ‘Y’ resides there and would be able to secure good legal
representation. ‘X’ wants to file the suit in the Faridabad where ‘X’ files the suit in Faridabad on
06.06.2013. He is very diligent in attending the court and pursuing his case. He is personally present
on each hearing. On 08.10.2014, the court in Faridabad dismisses the suit on the ground that it has
no jurisdiction to try the said suit. ‘X’ institutes a suit against ‘Y’ in Yamuna Nagar on 20.11.2014.

Discuss the rules of computation of limitation period applicable and decide the case.

Q.5.
(a) Write short notes on any two of the following:-

(i) Doctrine of Factum Valet

(ii) Chadar Andazi

(iii) Anand Karaj ceremony

(b) ‘A’ bequeaths property worth Rs. 2 Crores to his friend ‘B’. A’s family members that the bequest is
invalid for want of registration. Decide the case.

(c) There is a contract to be signed between ‘A’, ‘B’, ‘C’ and ‘D’ on one hand and ‘E’ on the other hand.
As per the arrangement the contract has to be first signed by ‘A’ and ‘E’ on 02.03.2013 respectively.
On 01.06.2013. ‘A’ seeks to register the document. ‘B’, ‘C’ and ‘D’ object to this by contending that
the document can be registered only after 02.09.2013.

Decide on whether the document can be registered on 01.06.2013?